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(영문) 의정부지방법원 2015.01.05 2014고단3671
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 13:20 on September 2, 2014, the Defendant expressed the victim D (the 45 years of age)’s residence in the Dongbcheon-si C heading C heading 303, and among the victims, women’s family-friendly E and drinking, the Defendant expressed the victim’s desire to “weet this strings” to E during the period of drinking the victim, and the victim was at the terminal’s hand, and suffered injury on the number of days of treatment, the victim’s head was cut to the victim’s head, and the victim’s head was cut to the victim’s head, and the victim’s head was cut to the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. An investigation report (in cases of interview with suspects);

1. Application of statutes on photographs of damage;

1. Article 3 (1) 1, Article 2 (1) 3, and Article 257 (1) of the Criminal Act concerning facts constituting an offense, and Article 3 (1) 1, Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the basic area (including April to June), the basic area (including special mitigation) of the punishment (including serious efforts to recover damage) or considerable damage, / Where the crime was committed by a collective or multiple force, or committed by carrying a deadly weapon or other dangerous articles (Pronouncement decision], 1 year and six months of imprisonment, 2 years of suspended sentence, the defendant committed a crime under the unfavorable circumstances, i.e., the fact that he was punished twice for the same crime, i., the victim was not punished for the defendant, i.e., the victim was not punished for the same crime, but all the records of punishment for the defendant were punished for the same kind of crime, and the sentence shall be determined by taking into account the favorable circumstances. The method and result of the crime in this case, the circumstances after the crime, the defendant's age, character and behavior, home environment, etc.

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